Sen. Katie Wallace

The act creates state procurement practices for firearms and items regulated pursuant to the federal "National Firearms Act" ("NFA"). The act applies to all contracts the state sources, enters into, awards, amends, renews, or extends on or after January 1, 2026, for procuring firearms or items regulated pursuant to the "NFA". During a governmental body's contracting process, sourcing method process, or upon request during the term of a contract, a contractor or bidder shall comply with certain requirements, make certain disclosures, and provide certain documentation to confirm that the contractor or bidder engages in safe business practices. The attorney general may assist the department of personnel (department) in developing processes and procedures to implement the procurement practices. The department may adopt rules to implement this act. (Note: This summary applies to this bill as enacted.)

Beginning January 1, 2027, the act: Allows a pharmacy benefit manager (PBM) to earn income derived from the assessment of a flat-dollar service fee for the provision of a prescription drug; Prohibits a PBM from earning income based on the price or cost of a prescription drug; Prohibits a PBM from designing a formulary to favor a certain branded pharmaceutical or biologic; Requires a PBM to be reimbursed by a health benefit plan for lowering the plan's prescription drug spending over a given period of time and for the direct services the PBM provides to the plan; Sets the amount that a PBM shall reimburse an unaffiliated pharmacy or a PBM-affiliated retail, mail order, or specialty pharmacy for a prescription drug; and Requires a contract between a PBM and a health benefit plan to contain a provision where the PBM discloses prescription drug cost information to the health benefit plan and a provision authorizing the health benefit plan to execute an audit to validate compliance with the contract.(Note: This summary applies to this bill as enacted.)

The act changes the term "epinephrine auto-injector" to "emergency-use epinephrine" in order to encompass alternatives to injecting epinephrine as a means to treat anaphylaxis in school settings. (Note: This summary applies to this bill as enacted.)

The act requires that, for health insurance policies providing maternity coverage, policies issued or renewed on or after January 1, 2027, must include prenatal care coverage without cost sharing for up to 3 office visits. (Note: This summary applies to this bill as enacted.)

The act prohibits using an automated driving system to drive a commercial motor vehicle unless an individual who holds a commercial driver's license is in the vehicle, is in the driver's seat if the vehicle is transporting hazardous materials, monitors the vehicle's driving, and intervenes, if necessary, to avoid illegal or unsafe driving. The penalty is $1,000 for a first offense, is $2,000 for a second offense, and doubles for each subsequent offense. The act does not apply to light-duty vehicles. VETOED by Governor 5/29/2025(Note: This summary applies to this bill as enacted.)

The act implements the recommendations of the department of regulatory agencies in its 2024 sunset review of the workers' compensation accreditation of health-care providers program (program), including extending the program for 11 years to September 1, 2036, and authorizing any health-care professional regulated by the division of professions and occupations and listed in the utilization standards established by the director of the division of workers' compensation (division) who provides treatment in the workers' compensation system to obtain level I accreditation from the division. (Note: This summary applies to this bill as enacted.)

Current law requires the department of corrections (department) to assess a copayment for inmate-initiated visits to providers of medical, dental, mental health, and optometric care services. Current law permits a waiver or reduction of the copayment under a range of circumstances. The department's current administrative regulations assess fees when an inmate fails to attend or refuses a scheduled health-care appointment. The act eliminates the copayment and prohibits the department from assessing a fee when an inmate fails to attend or refuses a health-care appointment. The department is required to report during its 2026 "SMART Act" hearing on the number of times in the previous year that an inmate failed to attend a scheduled health-care appointment or requested an appointment when the request was not relevant to an actual medical condition. The act reduces appropriations to the department by a net of $165,682, which includes an increase of $157,179 appropriated from the general fund and a decrease of $322,861 from cash funds. VETOED by Governor 5/29/2025(Note: This summary applies to this bill as enacted.)

For ground ambulance services (ambulance services), the act: Allows a political subdivision or an ambulance service providing ambulance services on behalf of the political subdivision to submit to the division of insurance (division) the established rates for the ambulance services, if the rates meet specified conditions; Requires the division to publish reimbursement rates on the division's public-facing website; Establishes reimbursement rates for ambulance services that are out of network; and Prohibits an out-of-network ambulance service from billing an individual covered under a health insurance coverage plan (covered person) any outstanding balance for a covered service not paid for by an insurance carrier, except for any coinsurance, deductible, or copayment amount required to be paid by the covered person. If a covered person makes a payment for an out-of-network ambulance service, the payment must be applied to the covered person's in-network deductibles and in-network out-of-pocket maximum amounts. For the 2025-26 state fiscal year, $38,149 is appropriated from the division of insurance cash fund to the department of regulatory agencies for use by the division to implement the act. VETOED by Governor 5/29/2025(Note: This summary applies to this bill as enacted.)

The act requires a landlord who initiates an eviction proceeding for nonpayment of rent against a tenant to comply with certain notice requirements set forth in federal law for tenants who use housing subsidies. Under current law, if a tenant proves as an affirmative defense to an eviction proceeding that the landlord violated the warranty of habitability, the court must order a reduction in the fair rental value of the dwelling unit and order the landlord to reimburse the tenant any difference in rent between the reduced fair rental value and any greater amount of rent that the tenant paid. The act states that the landlord must reimburse this amount regardless of whether part or all of the rent was paid by the tenant or by a housing subsidy issued to the tenant. The act states that a landlord commits an unfair housing practice if the landlord fails to: Make reasonable efforts to timely respond to requests for information and documentation necessary for a rental assistance application process; or Cooperate with a tenant who is applying for rental assistance in good faith. Current law allows a person to pursue relief for damages resulting from a landlord's commission of an unfair housing practice. The act states that, if a court awards damages to a plaintiff who prevails in such an action, and the violation concerns discrimination on the basis of an individual's use of a housing subsidy, the court shall award the plaintiff at least $5,000 in damages. The act also states that a calculation of actual damages must include consideration of losses that a tenant may incur as a result of the tenant forfeiting their housing subsidy as a result of the landlord discriminating against the tenant based on the tenant's source or amount of income. Current law provides that, in addition to relief awarded to a tenant in a private action, the Colorado civil rights commission may order a respondent who has been found to have engaged in an unfair housing practice to pay a civil penalty in an amount that varies based on whether the respondent has previously committed discriminatory housing practices. The act establishes a minimum penalty amount of $5,000 if a person commits any of certain unfair housing violations and the violation concerns discrimination on the basis of an individual's use of a housing subsidy. (Note: This summary applies to this bill as enacted.)

Current law requires a court to vacate any court costs and fees assessed to a juvenile under the jurisdiction of the juvenile court prior to July 6, 2021, however, this requirement repeals on June 30, 2025. The act removes the June 30, 2025 repeal. (Note: This summary applies to this bill as enacted.)